S T A T E O F N E W Y O R K
________________________________________________________________________
4660
2013-2014 Regular Sessions
I N A S S E M B L Y
February 7, 2013
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Introduced by M. of A. GALEF, COLTON, CASTRO -- Multi-Sponsored by -- M.
of A. CROUCH, MAGEE -- read once and referred to the Committee on
Local Governments
AN ACT to amend the general municipal law, in relation to promoting
government efficiency through mergers between contiguous city, town,
and village industrial development agencies and service sharing
between and among city, town, and village industrial development agen-
cies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general municipal law is amended by adding a new
2 section 857 to read as follows:
3 S 857. MERGER OF INDUSTRIAL DEVELOPMENT AGENCIES. 1. (A) TWO OR MORE
4 TOWN, CITY, OR VILLAGE INDUSTRIAL DEVELOPMENT AGENCIES, WHETHER WITHIN
5 THE SAME COUNTY OR DIFFERENT COUNTIES, OR A TOWN, CITY, OR VILLAGE
6 INDUSTRIAL DEVELOPMENT AGENCY AND A COUNTY INDUSTRIAL DEVELOPMENT AGENCY
7 LOCATED IN THE SAME COUNTY AS SUCH AGENCY, MAY SIMULTANEOUSLY DISSOLVE
8 AND MERGE INTO A SINGLE INDUSTRIAL DEVELOPMENT AGENCY IF EACH OF THE
9 INDUSTRIAL DEVELOPMENT AGENCIES IS CONTIGUOUS TO AT LEAST ONE OF THE
10 OTHER INDUSTRIAL DEVELOPMENT AGENCIES AND IF TOGETHER THE INDUSTRIAL
11 DEVELOPMENT AGENCIES WOULD FORM A MERGED INDUSTRIAL DEVELOPMENT AGENCY
12 THAT IS AUTHORIZED UNDER THE LAWS OF THE STATE OF NEW YORK.
13 (B) UPON THE EFFECTIVE DATE OF THE DISSOLUTION AND MERGER, THE TOWN,
14 CITY, OR VILLAGE INDUSTRIAL DEVELOPMENT AGENCY SHALL CEASE TO EXIST AND
15 ALL THE RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND LIABILITIES OF SUCH
16 AGENCIES, INCLUDING BUT NOT LIMITED TO THE RIGHTS AND OBLIGATIONS UNDER
17 ANY BOND, NOTE, OR CONTRACT OR OTHER AGREEMENT, EXPRESS OR IMPLIED,
18 SHALL DEVOLVE TO, BE VESTED IN AND POSSESSED BY THE MERGED INDUSTRIAL
19 DEVELOPMENT AGENCY, WHICH SHALL IN ALL RESPECTS AND FOR ALL PURPOSES BE
20 THE SUCCESSOR IN INTEREST TO THE DISSOLVED TOWN, CITY OR VILLAGE INDUS-
21 TRIAL DEVELOPMENT AGENCY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02584-01-3
A. 4660 2
1 2. THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE OF THE AGENCY TO
2 BE DISSOLVED AND THE GOVERNING BODY OF THE COUNTY, TOWN, CITY, OR
3 VILLAGE AGENCY TO BE MERGED SHALL ADOPT A PLAN SETTING FORTH, AT A MINI-
4 MUM:
5 (A) THE NAME AND DATE OF ESTABLISHMENT OF THE AGENCY OR AGENCIES TO BE
6 DISSOLVED OR MERGED;
7 (B) THE NAMES OF THE MEMBERS OF SUCH AGENCY, SPECIFYING THE IDENTITY
8 OF THE CHAIRPERSON;
9 (C) THE UNDERLYING PURPOSE OF THE DISSOLUTION AND MERGER INCLUDING
10 ECONOMIES AND EFFICIENCIES THAT ARE PROJECTED AS A RESULT THEREOF;
11 (D) A STATEMENT, CONTAINING BOTH CURRENT INFORMATION AND INFORMATION
12 PROJECTED TO THE PROPOSED DATE OF THE DISSOLUTION AND MERGER, OF (1) THE
13 OUTSTANDING BONDS, NOTES AND ANY OTHER OBLIGATIONS OR LIABILITIES; (2)
14 ACTUAL AND ACCRUED REVENUES; (3) EACH PROJECT FOR WHICH FINANCIAL
15 ASSISTANCE HAS BEEN PROVIDED, THE TYPE OF FINANCIAL ASSISTANCE PROVIDED
16 AND THE STATUS OF THE PROJECT; AND (4) THE GENERAL TERMS AND CONDITIONS
17 OF EACH CONTRACT, INCLUDING PAYMENT IN LIEU OF TAX AGREEMENTS;
18 (E) THE TERMS AND CONDITIONS OF THE PROPOSED DISSOLUTION AND MERGER
19 INCLUDING A STATEMENT ACKNOWLEDGING THAT THE MERGED AGENCY SHALL UPON
20 THE EFFECTIVE DATE OF THE DISSOLUTION AND MERGER, SUCCEED TO ALL THE
21 RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND LIABILITIES, INCLUDING BONDS,
22 NOTES AND OTHER OBLIGATIONS AND CONTRACTUAL RIGHTS AND OBLIGATIONS OF
23 THE DISSOLVED AND MERGED COUNTY, TOWN, CITY, OR VILLAGE AGENCIES; AND
24 (F) A STATEMENT THAT THE PLAN OF MERGER HAS BEEN REVIEWED AND APPROVED
25 BY COUNSEL FOR THE DISSOLVED TOWN, CITY, OR VILLAGE AGENCY AND COUNSEL
26 FOR THE MERGED COUNTY, TOWN, CITY, OR VILLAGE AGENCY, INDICATING THAT
27 EACH COUNSEL HAS CONSIDERED THE IMPACT, IF ANY, OF THE DISSOLUTION AND
28 MERGER ON: (1) THE RIGHTS OF ANY EMPLOYEES OF THE MERGING AGENCIES; AND
29 (2) THE RECIPIENTS OF FINANCIAL ASSISTANCE FROM THE AGENCIES.
30 3. THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE OF THE AGENCY TO
31 BE DISSOLVED AND THE GOVERNING BODY OF THE COUNTY, TOWN, CITY OR VILLAGE
32 AGENCY TO BE MERGED SHALL ADOPT RESOLUTIONS APPROVING THE MERGER.
33 4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
34 TO THE CONTRARY, THE AGENCY CHIEF EXECUTIVE OFFICER BY RESOLUTION OF THE
35 BOARD OF ANY TOWN, CITY, VILLAGE OR COUNTY INDUSTRIAL DEVELOPMENT AGENCY
36 SHALL BE AUTHORIZED TO ENTER INTO AN AGREEMENT OR AGREEMENTS TO SHARE
37 SERVICES WITH ANY TOWN, CITY, VILLAGE OR COUNTY INDUSTRIAL DEVELOPMENT
38 AGENCY WITHIN THE SAME COUNTY OR COUNTIES.
39 S 2. This act shall take effect immediately.